Mohamed Fawzy Mohamed Fazly vs Mohamed Ismail Mohamed Najeeb – CA NO.648/98-2013

In the case between Mohamed Ismail Mohamed Najeeb (Substituted-Plaintiff-Appellant) and Mohamed Fawzy Mohamed Fazly (Substituted 1st Defendant-Appellant), Mausan Marikkar Mesthriyar Mohamed Riskan (2nd Defendant-Respondent), and others, the issue concerned whether the appeals should be allowed to proceed after certain procedural defaults, including lack of service of notice due to an insufficient address and the failure to substitute heirs for deceased parties. It was held that both appeals (C.A.648/98 and C.A.648B/98) must abate due to the appellant’s non-compliance with mandatory procedural requirements, specifically failure to prosecute with due diligence and to effect substitution of deceased parties as required by law. The decision reaffirmed the principle that strict compliance with